1998 Ron Paul 58:1
Mr. PAUL.
Mr. Chairman, I rise today in opposition
to the Child Protection and Sexual
Predator Punishment Act of 1998. This bill, if
passed, will further expand the authority of this
country’s national police force and further “justify”
the federal Justice Department’s intrusion
into mail, telephone and Internet communications.
1998 Ron Paul 58:2
Mr. Chairman, today the Congress will collectively
move our nation yet another step
closer to a national police state by further expanding
the notion of federal crimes and paving
the way for a deluge of federal criminal
justice activity. Of course, it is much easier to
ride the current wave of federally “criminalizing”
all human malfeasance in the name of
saving the world from some evil than to uphold
a Constitutional oath which prescribes a
process by which the nation is protected from
what is perhaps the worst evil, totalitarianism. Who, after all, and especially in an election
year, wants to be amongst those members of
Congress who are portrayed as soft on
child-related
sexual crime irrespective of the procedural
transgressions and individual or civil liberties
one tramples in their zealous approach.
1998 Ron Paul 58:3
In the name of the politically popular cause
of protecting children against sex crimes, the
Members of Congress will vote on whether to
move the Nation further down the path of
centralized-Government implosion by appropriating
yet more Federal taxpayer money and
brandishing more U.S. prosecutors at whatever
problem happens to be brought to the
floor by any Members of Congress hoping to
gain political favor with those embracing some
politically popular cause. The Child Protection
and Sexual Predator Punishment Act of 1998
is no exception.
1998 Ron Paul 58:4
Who, after all, can stand on the house floor
and oppose a bill which is argued to make the
world safer for children with respect to crimes? It is a sad commentary when members of this
body only embrace or even mention federalism
when it serves their own political purposes
and, at the same time, consciously ignore federalism’s
implications for these politically popular
causes. It seems to no longer even matter
whether governmental programs actually accomplish
their intended goals or have any realistic
hope of solving problems. No longer
does the end even justify the means. All that
now seems to matter is that Congress pass a
new law.
1998 Ron Paul 58:5
Crimes committed against children (as well
as adults) are a problem that should concern
all Americans. As a doctor of obstetrics I have
enjoyed the privilege of bringing more than
3,000 new lives into the world. I know there
are few things more tragic than crimes committed
against young people. In fact, the types
of crimes this bill attempts to federally punish
are among the most despicable criminal acts
committed. Undoubtedly, strong measures and
penalties need to be imposed to deter and
punish these criminal actors. Nevertheless, the
threshold question in Congress must always
be: “under what authority do we act?” Should
we cease to concern ourselves about the Constitution
in all that we do and moved by emotion
speak only of vague theoretical outcomes?
1998 Ron Paul 58:6
Any federal usurpation of criminal law, no
matter how flexible, violates the 10th amendment
to the U.S. Constitution. The 10th
amendment limits the Federal Government to
those functions explicitly enumerated in the
Constitution. Other than in these few areas,
the States are sovereign. Therefore the Federal
Government has no authority to federalize
crimes whether committed against children,
women, or some specific race. Additionally,
ours is an individual Bill of Rights rather than
a system of rights dependent upon to which
group (gender, race, or age) one happens to
belong.
1998 Ron Paul 58:7
The drafters of the Bill of Rights knew quite
well that it would be impossible for a central
government to successfully manage crime prevention
programs for as large and diverse a
country as America. The founders also understood
that centralized federal involvement in
crime prevention and control was dangerous
and would lead to a loss of precious liberty. The bill’s implication of federal monitoring of
conversation on phone lines, the Internet, and
U.S. mail is frightening and opens the door to
unlimited government snooping.
1998 Ron Paul 58:8
Some will argue that federal legislation is
necessary because communications cross
state lines. Fortunately, the Constitution provides
for the procedural means for preserving
the integrity of state sovereignty over those
issues delegated to it via the tenth amendment. The privilege and immunities clause as
well as full faith and credit clause allow states
to exact judgments from those who violate
their state laws. The Constitution even allows
the federal government to legislatively preserve
the procedural mechanisms which allow
states to enforce their substantive laws without
the federal government imposing its substantive
edicts on the states. Article IV, Section
2, Clause 2 makes provision for the rendition
of fugitives from one state to another
and in 1783 Congress passed an act which
did exactly this.
1998 Ron Paul 58:9
I too find most despicable the criminal acts
this bill attempts to make federal crimes, but
under the U.S. Constitution criminal law jurisdiction
lies with the States. This is why I oppose
yet another step toward a national police
state. And because I fear the bill’s implications
regarding federal monitoring of voice, mail and
data communications, I cannot support H.R. 3494.
Notes:
1998 Ron Paul Chapter 58
The text of this chapter was inserted in CongressionalRecord as an extension of remarks, and was not spoken on the House floor.
1998 Ron Paul 58:2 Who, after all, and especially in an election year, wants to be amongst
those members of Congress who are portrayed as soft on child-related sexual
crime irrespective of the procedural transgressions and individual or civil
liberties one tramples in their zealous approach. Similar wording is found in
1998 Ron Paul 50:1.
1998 Ron Paul 58:4 the house floor probably should have been capitalized, the House floor.
1998 Ron Paul 58:5 Should we cease to concern ourselves about the Constitution in all that we do and moved by emotion speak only of vague theoretical outcomes? probably
should have three commas:
Should we cease to concern ourselves about the Constitution in all that we do, and, moved by emotion, speak only of vague theoretical outcomes?
1998 Ron Paul 58:8 The privilege and immunities clause probably should have been capitalized and plural, The Privileges and Immunities Clause.
Also, full faith and credit clause probably should be capitalized, Full Faith and Credit Clause.
